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U.S. Judge Rules That Motorola Must Provide Google’s Android Developer Data to Apple – If That Makes Any Sense

Oh yeah, you are reading that title correctly even if it makes almost no sense. A U.S. judge ruled that Motorola must hand over Android development data to Apple along with details of the pending acquisition of them by Google. Apple’s attorneys claim that the acquisition is “highly relevant” to their claims and defenses. The Android development info is obviously equally if not more important since the majority of these patents all have to do with the software side of things.

As expected, Motorola opposed the request saying that “Google’s employees and documents are not within the ‘possession, custody, or control’ of Motorola, and Motorola cannot force Google to produce documents or witnesses over Google’s objections.” Which is exactly why this move by a U.S. judge makes absolutely no sense. Two trials are set starting in June, with 6 Apple patents and 3 Motorola patents as the subjects.

Via:  Bloomberg

Cheers Tim!

  • Mikko

    Apple thinks that they own the smart phone market and everybody else should keep away or get sued to bankruptcy

  • QtDL

    The day before this ruling the judge received his new iPhone 4S free of charge in the mail.

  • Jayq330

    does apple really think they could decide what google & motorola can & can’t put on thee market, they believe rhett have the right to review what their doing before providing a prototype? WTF? Who do the think they are, as steve jobs said I’ll do anything in my power to make sure android doesn’t succeed & use apples cash reserve to meet my ends, does that mean even bribing judges around the world & bringing it closer to home? I tell you what assassinations will take place to stop this BS.

  • http://www.facebook.com/people/Kyle-Collins/100000326942819 Kyle Collins

    Too bad for Apple that the judge they paid off is this stupid…

  • Underfundedmandate

    Lego my eggo

  • LiterofCola

    Dear Apple, go “f” yourself.

  • jonny6pak

    I’m going to toss a TINLA on this just to be safe… TINLA.  I doubt it
    deals with “development data” as tech folk would understand the term. 
    Apple seeks data related to what it took to design the infringing
    material.  That would include costs, timelines, etc…  It’s not really
    about source code so much as it’s about using the discovery process to
    raise the potential damages Apple wants to get out of this lawsuit.  Now that Google and Motorola Mobility are tied close enough together, Apple can use legal process reach through upwards to Google. 
    This seems a little early for that move given that Google and Motorola
    haven’t had enough time to really intermingle any business services–I
    don’t even know that the acquisition is complete.  Apple must have had
    enough evidence to show some sort of shared resources.   It’s valid
    litigation strategy when you’re dealing with parent organizations and
    subsidiaries.  I would love to review  and comment on this further if
    anyone has a link to Apple’s motion.

  • mjmedstarved

    Didn’t Samsung get rejected for trying this same thing AGAINST APPLE??????????

  • http://twitter.com/SmokeNMirrors SmokeNMirrors

    How many iGadgets does it take to buy a judge anyway?  

  • http://twitter.com/Justinwrites Justin True Anderson

    I’m just amazed at how much rolls off apples back.  The Foxcon factory, the patent trolling, the huge insane profits, the lackluster development cycles, no one cares.  Amazing.

  • Smooth918

    So wait, besides all the Trade Secrets of Android, they also are looking to get the; what was it $39b Google paid for Motorola…WTF!

    “Apple has alleged that to remove or design around the claimed features would involve a substantial overhaul of the Android operating system, which would likely cost Motorola tens (if not hundreds) of millions of dollars to implement,” Apple’s filing states. The amount of money Motorola would have had to pay to design around these features, and the amount of money Google “paid to acquire and develop the Android system” is relevant to the amount of damages Apple should be entitled to if it wins this case, Apple argued. 

  • Steenerk

    So much for free enterprise

  • Scott Willenborg

    They sound and act like unruly children.  If they were mine I would pull over to the side of the road and beat both their asses.

  • FPSRageQuit

    Its not like Android is open-source or anything. Oh hey wait…

    • http://www.facebook.com/people/Kyle-Collins/100000326942819 Kyle Collins

      Not the point…read the title of the article moron.

    • JayQ330

      That’s true & it’s also why ice cream if not open sourced, thank apple for that.

  • ddevito

    Apple’s lawsuit circus continues. And why is this? Because they’re f’ing sh1t scared of Android, that’s why. This has NOTHING to do about Android mimicking iOS or the iPhone. No, this is about Apple not liking competition. They can’t handle it. 

    To Apple it’s 1984 all over again. Only this time they don’t want to lose. Microsoft’s business strategy (almost) mimics Google’s plan for Android, only this time Android’s is way more aggressive. The “less than free” plan propelled Android to reach exponential growth in two years that no other company in any industry has ever experienced.

    Funny how these lawsuits didn’t start until AFTER Android grabbed market share. If Apple was so concerned about Google stealing trade secrets with Android then should have started the lawsuits in 2008 well before it was even launched, because Apple already knew about it. Schmidt told Jobs everything about Android.

    It’s complete and utter nonsense. Oh, and add THIS to the list of reasons Google isn’t going to do “much” with Motorola (yet). Google’s smarter than Apple thinks it is. I want nothing more than to see Apple fall flat on its face.

    (And take its iSheep with it)

    • http://www.facebook.com/jonathanf Jonathan Fingas

      Actually, Steve Jobs is on the record as very much saying that he believed Android is fundamentally copied — and to a minor extent he’s right, since Android in 2007 was a BlackBerry clone that suddenly looked “familiar” in 2008.  Even said he’d be willing to spend every last ounce of Apple’s cash reserves to stop it.

      Part of why he said that was because he sees Eric Schmidt as having betrayed Apple — sitting on the Apple board, hearing about the iPhone, only to turn around and have Android show up.  Jobs was a little naive given that Google had bought Android in 2005, but to him it was more than a little suspicious.

      There’s no doubt that Apple also considers it a major factor to be slowing down a competitor for pragmatic reasons, but unlike Microsoft’s pure cash grab, there’s a genuine ideological motivation here.

      Also, you don’t want Apple falling flat on its face.  A Google monopoly on smartphones would be the worst thing ever to happen to the industry, because then the carriers will have won — after all, they love Android because it lets them return to the pre-2007 ‘glory days’ of banned apps, locked firmware, and blocked services.  Whatever you think of Apple, it’s the first one that told the carriers that it’s *your* device, not theirs.

      • http://twitter.com/Justinwrites Justin True Anderson

        Dude, its all based on linux anyway.  And no, an Android monopoly wouldn’t equal a smartphone monopoly.  Not all androids are created equal, clearly.

        • http://www.facebook.com/jonathanf Jonathan Fingas

          Sure it would.  Google’s search and services are suddenly on the majority of all smartphones sold, with no way to remove them.  Any search engine, service, or mobile OS that did some element better wouldn’t have a way of challenging things.

          No monopoly is desirable or inevitable.  Not ever.

          • https://plus.google.com/114483312559013915960/ Timoh

            Google search isn’t inherently built in. Manufacturers can put any search engine in. IE Bing

          • http://www.facebook.com/jonathanf Jonathan Fingas

            It’s still preloaded by default, and if you want certain ‘privileges’ for your install, it’s absolutely required.  Korean search engines have been filing antitrust complaints over the lack of input as to what search can ship by default.

          • Cphilano

            Problem with this aspect of the argument is that the user can change search engines. That option for users is and has been inherently built into the Android OS.

          • ddevito

            Easy fix, then use something else. 

      • PC_Tool

        “since Android in 2007 was a BlackBerry clone that suddenly looked “familiar” in 2008.  ”

        Um, no…

        I’m just gonna leave this here….

        http://www.osnews.com/story/25264/Did_Android_Really_Look_Like_BlackBerry_Before_the_iPhone_

        • http://www.facebook.com/jonathanf Jonathan Fingas

          Still proves my case.

          Notice the home screen they show briefly?  It’s the same as on the non-touch phone, just with a taller screen.  They still intended for that BlackBerry-style tray to be there as of late 2007.  For goodness’ sake, they even had a BlackBerry-like pop-up menu appear — on a touchscreen phone.

          Look, you can tout Android’s advantages, but don’t give in to the illusion that Google ran around with its eyes closed for three years (2005 to 2008) and suddenly gave birth to Android fully-formed, Athena style, without having seen or wanted to emulate anyone else.

          • PC_Tool

            Actually, I’ve never seen anyone prove your case. There is a whole hell of a lot of assumption going around and plenty of claims of, “well, *obviously*….”, but nothing in the way of *actual* proof.

            …just a bunch of “it looked like a blackberry in that *one* picture everyone is using as *proof*!!!”…

            Is there any “proof” other than one picture and a lot of assumptions?

          • http://www.facebook.com/jonathanf Jonathan Fingas

            That Android developers video, plus what Android looked like on the G1 a year later.  Part of it was reaction to an expected market (touchscreens were actually popular now that Apple had done them right), but there was a definite “me, too!” vibe to what the G1 was doing, even if the phone itself still had a QWERTY keyboard and that trackball.

          • PC_Tool

            I’ve got to say that’s a pretty low bar if that’s your standard for proof…a vibe? I’m sure it’s a strong one, but….?

            I know it’s our nature to draw correlation=causation cue’s from what we see, but the more complex the world gets, especially dealing with technology, the more that nature ends up biting us in the ass, if you know what I mean.

            …and based on this we have a million Apple fanboys claiming this all as fact? No, I am not grouping you into this category….you didn’t descend directly into lolspeak and emotional rhetoric when the “copy” argument was challenged, which is usually a pretty good indicator. :-P

          • http://www.facebook.com/people/Kyle-Collins/100000326942819 Kyle Collins

            Don’t feed the iTrolls..he most likely really believes  the drivel he’s spouting, and is just as likely too stupid to listen to reality.  

          • PC_Tool

            Thanks *so* much for your input….???

            …in the future, would you kindly direct it elsewhere?

            (Read: We were having a relatively calm and rational discussion, and the only one who’s so far descended into name-calling would be….you.)

          • http://www.facebook.com/jonathanf Jonathan Fingas

            The overall layout, the look, the heavy touchscreen focus.  There’s no doubt there were important differences — I don’t believe it was all that heavily copied — but Android as it shipped in October, 2008 was a direct reaction to what Apple was doing.  You wouldn’t have seen it deviate far from the BlackBerry-alike look if touchscreens had still meant bad Windows Mobile 5 devices.

          • JayQ330

            It’s called competition, among wrong? What is wrong is dying someone for copying you when you admit that great artist create & greater artist copy, chapters it was he said it was clearly starring I’m a copy cat & they ate siting everyone that they believe or did copy thenlike that fruit store in australia with a bitten apple for a sign that was a sad pathetic move imo, they copied the slide to unlock from neoMode & ONLY A iFAN WOULD DENY THAT, but then they copy android file folder style & there info bar with the slide down. It’s now even more pathetic that apple is attacking google supporters aka hardware makers out of shear fear of market sales,htc, MOTOROLA, sony, SAMSUNG…it’s obvious that google is making more money than apple & apples money will burn out before google does & then apple will try & justify a reason of why they aren’t suing anymore.

          • Kr00

             Yes it is called competition. Microsoft have shown what can be achieved when you DON”T follow the leader. Android phones wouldn’t be “same as” devices if they really wanted to be different. So why aren’t they?

          • PC_Tool

            The thing is…you have no way of proving any of it.  ..and yet millions
            of Apple Fanboys treat it like Gospel…which is actually a really good
            way of putting it.  They believe in it wholeheartedly…without a shred
            of actual proof….just tenuous correlation.

      • http://www.facebook.com/profile.php?id=10602828 Mike Hilal

        Apple is the king of locked firmware and banned apps. That’s why people have to Jailbreak their phones. Apple controls what is/isnt on it’s market just the same as google and blackberry do. 

        Android borrowed some elements from BB, but they’re nothing alike. The only one that looked similar was HTC sense. Samsung’s Touchwiz looks alot like IOS, but that’s about where it stops. 

        If you want a phone that’s yours, and not theirs…the only one that’s truly that way is either a Blackberry (they’re completely unlocked) or a Nexus. 

      • ddevito

        It wouldn’t be a Google monopoly. There are many flavors of Android. I don’t want iOS to die, I want Apple to pay dearly for this nonsense. 

        Patents were meant to encourage innovation, not be used as a weapon to stop it. 

        If Jobs was betrayed at that stage of his career and life then he wasn’t as legendary as everyone (including myself) thinks he was. Don’t be naive. 

        • Kr00

          NO. Patents are primarily for protection of intellectual property, not an invitation to steal, then barter in court what you should have paid for in the first place.

      • Grahamjgreen

        The last sentence couldn’t be more wrong. Apple tells the carriers that device belongs to Apple, not the carrier or the person who paid for it.

    • RW-1

      Actually I’m very amused at MS’s winning strategy here.

      They’re not suing anyone (so far), but arrainging for payments that infringe on what they hold patent wise.

      For every Android phone sold, MS is making $$$

      In fact, they are making more with their competition than the actual windows phone.

      That’s amusing.

      • ddevito

        I will always say that MSFT has never made a truly innovative product or service, but I could never say they weren’t the smartest guy in the room for the last 35 years that’s for damn sure.

    • Kr00

      Ummm, no. The first suits were FILED in 2009, and only now are they being heard. When someone blatantly steals what you’ve developed in R&D, and they won’t cough up, then yes, they should pay. Apple couldn’t give a sh!t about android. Windows 8 will kill it off long before Apple does.

      Schmidt stole the ideas while at Apple, as the original android os was developed for a keyboard and stylus. Funny how that was quickly dropped when iPhone 1 hit the market.

      If you want to tell fairytales, then at least get some things straight.

  • http://twitter.com/spdivr1122 Stephen

     then go buy one online and stop bitching.

  • http://twitter.com/spdivr1122 Stephen

    even the us government is brainwashed by apple and their garbage.

  • http://twitter.com/WaltPartlo Walter Partlo

    I am waiting for a photoshop of the apple logo with lucky troll hair to appear.  Until then:

  • zepfloyd

    Hey judge, here you go. 
    http://source.android.com/

    Have fun.

    Oh you wanted something else? *#$ off.

    • EC8CH

      They probably want all the documentation regarding the process of designing and programming the code to determine the timeline of when certain features where first developed in Android.

      • http://twitter.com/Ike_Farmer Chris Franzen

        that’s all on github. seriously, all they information they want is posted publicly. Something Apple would never do.

    • David Henry

      Awesome, well played

  • New_Guy

    What judge has two thumbs and is gettin straight PAID?….

  • http://zero-commit.com/ Matt

    This is beyond ridiculous at this point. I wish we all could control ourselves enough to stop buying any products from any of these companies until they learn to play alongside one another like millions of other companies do worldwide. I know other patent battles take place in other industries, but the stuff with Apple seems to be overboard. Unfortunately it seems this trolling attitude is pouring over to companies like Samsung who are left with no other defense but to lower themselves to apples level. Until the people that fill the pockets of these companies find a way to make a stand I think it’s obvious these guys will continuously be in court over some patent since it seems we have no choice at this point but to keep using and buying devices in their ecosystem we’ve meshed into our daily lives and jobs. A tangled web we’ve woven ourselves.

  • AlexKCMO

    Maybe the judge is referring to the source code?

    What is this… I don’t even….

  • Calculatorwatch

    Wow this is proof that the US (and the world) needs to create a class of verifiably unbiased technology judges. The tech sector is far too complex these days for someone who isn’t well read and constantly in the loop to be expected to make good decisions on these lawsuits. This just shows that most judges have no idea what they’re doing in the technology world.

    • BrianWenger

      Google the guy. He’s like 90 years old.

      • EC8CH

        Careful Googling 90 year old guys…

        you may wind up at a lemon party.

        • http://www.facebook.com/TJHRULZ tjhrulz

          plus one hundred internets to you sir.

          • Noyfb

            Just like in Texas where judges are bias to oil companies, like when BP tried to go to court in Texas instead of Louisiana over the oil spill, because judges have stock or some type of financial interest in companies, or some type of lobbying is why judges can be bought like senators and representatives. The whole system in the U.S. is corrupt. This was going on before Google legal owned Moto, I can’t see how they have to comply? For some reason Apple wants to get Google into the courtrooms, and get as much information out of Google as possible for more frivolous law suits.

  • http://www.facebook.com/people/Clinton-Sparks/100003080036160 Clinton Sparks

    Judge is an Apple fan girl!

  • EC8CH

    If *pple’s lawyers want that info, maybe they should man up and sue the right company.

    • MKader17

      or visit the Android Developer’s website.

  • Sam

    Ugh. Patent wars must drive these companies nuts. Well, except for the shysters.

  • Wyveryx

    O.° I’ll have to wait till I have at least 3 cups of coffee in me to even start to ponder as to how a judge could even warrant this.

  • sc0rch3d

    judge: “let’s take a short break to….”

    *ring ring ring*

    *judge pulls out iPhone to answer the call*

  • http://twitter.com/ranwanimator Randall Wanamaker

    Hey Judge. How would you like a new iPhone every year for life?

    • EC8CH

      Judge:

      Only if I get the one with more GeeBee’s

      • http://twitter.com/Mattpfeil Matthew Pfeil

        And the Wi-Fi’s

        • http://www.JWesCampbell.com/ Wes Campbell

          but the nexus prints money and builds islands of iphones…

          • Smooth918

            IDK :-)

      • shdowman

         So long as it fu@#$ing prints money…

  • Dshudson

    Whatever.. just help me get rid of this awful GNex

    • reyalP

       LOL. that’s what I said about the Bionic.

    • EC8CH

      Dshudson comments he wants help getting rid of a GNex on a post about an Apple and Motorola Lawsuit- 
      if that makes any sense

      • Dshudson

        If you haven’t noticed dumb ass i comment about this stupid GNex on every post. reyalP… i got rid of the Bionic too.. this thing is just as bad if not worse… I want my TBolt back

        • http://twitter.com/WaltPartlo Walter Partlo

          You go girl.  You are unhappy, and we all know the best way to get change is by whining to the wrong people.  Get on with your bad self.

        • EC8CH

          oh… I’m sorry then.

        • http://profiles.google.com/mechanizedapathy Shawn Brandel

          Here’s your thunderbolt back.  Oh wait.  That’s not how this works.

        • chrismcconkey

          Hell is your GNex in good condition? I am sure that my wife would be GLAD to ditch her Tbolt for a good phone. She absolutely loves my GNex and the battery life that I get. 

        • https://plus.google.com/114483312559013915960/ Timoh

          Sell it on Craigslist dude. Nobody is stopping you.

        • http://twitter.com/Ike_Farmer Chris Franzen

          why are you complaining here like a cuntbag? Go complain to verizon cocksmoker

    • http://twitter.com/Gleneston Glen E. Ston

      Get rid of it yourself.

      • Dshudson

        Blow me

    • http://profiles.google.com/mechanizedapathy Shawn Brandel

      Are you, by chance, a judge?

    • Anonymous

       Send it to me, I’ll take it off your hands.